BHAGWAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is the ex -ruler of the Mewar State in the State of Rajasthan. In this writ petition he has challenged the notice of the Collector, Udaipur in case No. 51 of 1975 issued on 7 -11 -75 under the provisions of the Rajansthan land Reforms and Acquisition of land -owner's Estate Act, 1963 therein after referred to as 'the Act' (sic) with Amendment Ordinance, 1975. In this case, the Collector, udaipur directed the petitioner to deliver possession of the estates; description of which was annesed with it by 5th of November, 1975. The notice purports to have been given Under Section 9A of the Act read with Rule 8 of the Rajasthan land Reforms and Acquisition of landowners Estate Rules, 1964 (thereinafter called 'the Rules') as amended by notification dated May 1, 1975. Te list attached to it contained 10 properties which are gardens and plots appertaining to the various palaces of the petitioner item No. 11 is in relation to the various forests where the petitioner has got limited right to collect fuel and fodder. Item No. 12 relates to the various forests where the petitioner go right to 'Shikai' and to collect dry fuel and grass. Item No. 13 relates to lakes where the petitioner has got right of fishing and shooting. Item No. 14 relates to lands and 15 No. relates to gardens appertenant to Sahelion -ki -bari. Item No. 16 relates to various lands in Tehsil bhilwara and mavali. Then there is an ommbus item which says any land which comes under the Act.

(2.) THE petitions filed a reply through his advocate B.L. Vyas on November 27, 1975 in which he prayed that the determination should be left o the Commissioner under Section 10(2) and a reference would be made to him He also said that the notice is without jurisdiction and submitted that no land mentioned in the notice is covered by the provisions of the Act. On December 9, 1975, the Collector Udaipur passed order mentioning that inspite of notice Under Section 9A of the Act, possession has not been given and some references have been made to the Compensation Commissioner He ordered that under Rule 8 the estate which has been described therein be taken possession of by the State and it must be proclaimed by beat of drum and pasting of notice The Tehsildar notified to the petitioner that he is coming to take possession on 27 -2 -76 and it appears that the petitioner thereupon approached this Court a day earlier i.e., on 26 2 -76.

(3.) MR . Bhandari contends that the Collector was justified in rejecting the prayer for reference because these properties are nor covered by Section 10(1) of the Act.